New York § 148 - 148Appeals from orders of health officer

§ 148. 148Appeals from orders of health officer

§ 148. Appeals from orders of health officer. Any person aggrieved by an order, decision or direction of the health officer, may appeal therefrom to the commissioner, who may affirm, reverse or modify the order, decision or direction appealed from. Such appeal must be made by serving on the health officer a written notice of appeal within two days, Sundays and legal holidays excepted, or within such further time as shall be allowed by the commissioner after the appellant receives notice of the order, decision or direction appealed from. Within two days after receiving such notice of appeal, Sundays and legal holidays excepted, the health officer shall make a written return to the commissioner of the facts and evidence on which such an order, decision or direction is founded. Upon receipt of such return, or if no return be made within the time specified, the commissioner shall forthwith proceed to hear and determine the matter. Upon such appeal the commissioner need not be confined to the evidence contained in the return but in his discretion may take additional evidence. Until the decision of the appeal be made, the order, decision or direction appealed from shall be suspended. In case of failure to sustain the appeal, the commissioner may, in his discretion, impose costs not exceeding ten dollars upon the appellant.